SECTION 93.31. Application Requirements

(a) The application must be in English, subject to the provisions of §93.35 of this title (relating to Description of Mark). Use of the application form promulgated by the Secretary of State is recommended, but not mandatory, for an applicant seeking to register a mark in two or fewer classes.

(b) The application must include:

(1) the name and business address of the applicant;

(2) if the applicant is a corporation or LLC, the state under whose laws the applicant was incorporated or organized;

(3) if the applicant is a general or limited partnership, the state under whose laws the partnership was organized and the names of the general partners;

(4) the names or a description of the goods and/or services on or in connection with which the mark is being used;

(5) the mode or manner in which the mark is being used on or in connection with the goods and/or services;

(6) the class to which the goods and/or services belong;

(7) the date the applicant or applicant's predecessor in interest first used the mark anywhere;

(8) the date the applicant or the applicant's predecessor in interest first used the mark in this state;

(9) a statement that the applicant is the owner of the mark, the mark is in use and, to the best of applicant's knowledge, no other person has registered the mark, either federally or in this state, no other person is entitled to use the mark in this state in the identical form used by applicant, or in a form that is likely, when used in connection with the goods and/or services, to cause confusion or mistake, or to deceive, because of its resemblance to the mark used by the applicant; and

(10) a statement as to whether the applicant or the applicant's predecessor in interest has filed an application to register the mark, or a portion or composite of the mark, with the United States Patent and Trademark Office, and, if so, the applicant shall fully disclose information with respect to that filing, including the filing date and serial number of each application, the status of the filing, and if any application was finally refused registration or has not otherwise resulted in the issuance of a registration, the reasons for the refusal or nonissuance.

(c) The application must be accompanied by:

(1) a drawing sheet;

(2) at least three specimens of the mark as actually used; and

(3) the application fee pursuant to §93.151 of this title (relating to Recordation Fees).

(d) The application must be signed and verified in compliance with §93.33 of this title (relating to Execution Requirements).

Source Note: The provisions of this §93.31 adopted to be effective September 1, 2012, 37 TexReg 6287